[Federal Register: June 22, 2004 (Volume 69, Number 119)]
[Notices]
[Page 34672-34673]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn04-85]
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FEDERAL COMMUNICATIONS COMMISSION
[DA 04-1690]
Elimination of Market Entry Barriers for Small Telecommunications
Businesses and Allocations of Spectrum-Based Services for Small
Businesses and Businesses Owned by Women and Minorities
AGENCY: Federal Communications Commission.
ACTION: Notice, solicitation of comment.
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SUMMARY: The Media Bureau seeks comment on constitutionally permissible
ways for the Commission to further its legislative mandate to identify
and eliminate market entry barriers for small telecommunications
businesses and to further opportunities in the allocation of spectrum-
based services for small businesses and businesses owned by women and
minorities. Specifically, the Commission seeks comment on furthering
these statutory objectives in a constitutionally permissible manner,
especially in light of two recent Supreme Court decisions.
DATES: Comments are due on or before July 22, 2004; Reply comments are
due on or before August 6, 2004.
FOR FURTHER INFORMATION CONTACT: Anne Levine, Industry Analysis
Division, Media Bureau, (202) 418-2330 or Anne.Levine@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Public Notice, DA 04-1690, released June 15, 2004. The full text of
this Public Notice is available for inspection and copying during
regular business hours in the FCC Reference Center, 445 Twelfth Street,
SW., Room CY-A257, Portals II, Washington, DC, 20554, and may also be
purchased from the Commission's copy contractor, Best Company and
Printing, Inc., Room CY-B402, telephone (800) 378-3160, e-mail http://www.BCPIWEB.COM.
To request materials in accessible formats for people
with disabilities (electronic files, large print, audio format and
Braille), send an e-mail to fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202-418-0531 (voice), 418-7365 (TTY).
The Media Bureau (Bureau) is seeking comment on constitutionally
permissible ways to further the mandates of Section 257 of the
Telecommunications Act of 1996, 47 U.S.C. 257, which directs the FCC to
identify and eliminate market entry barriers for small
telecommunications businesses, and section 309(j) of the Communications
Act of 1934, 47 U.S.C. 309(j), which requires the FCC to further
opportunities in the allocation of spectrum-based services for small
businesses and businesses owned by women and minorities. We
specifically encourage commenters to discuss possible next steps to
further these statutory objectives in a constitutionally permissible
manner, especially in light of two recent Supreme Court decisions. See
Grutter v. Bollinger, 539 U.S. 306 (2003); Gratz v. Bollinger, 539 U.S.
244 (2003).
Commenters should discuss and proffer specific recommendations for
building on the series of market entry barrier studies listed below.
These studies were conducted pursuant to section 257 of the
Telecommunications Act of 1996, 47 U.S.C. 257, and section 309(j) of
the Communications Act of 1934, 47 U.S.C. 309(j), and released by the
Commission in December 2000. In particular, we urge commenters to
identify any recent analyses relevant to the conclusions of the
studies.
Diversity of Programming in the Broadcast Spectrum: Is
There a Link Between Owner Race or Ethnicity and News and Public
Affairs Programming? (the ``Content/Ownership Study'').
Study of the Broadcast Licensing Process, consisting of
three parts: History of the Broadcast Licensing Process; Utilization
Rates, Win Rates and Disparity Ratios for Broadcast Licenses Awarded by
the FCC; and Logistic Regression Models of the Broadcast License Award
Process for Licenses Awarded by the FCC (the ``Broadcasting Licensing
Study'').
FCC Econometric Analysis of Potential Discrimination
Utilization Ratios for Minority- and Women-Owned Companies in FCC
Wireless Spectrum Auctions (the ``Auction Utilization Study'').
Study of Access to Capital Markets and Logistic
Regressions for License Awards by Auctions (the ``Capital Markets and
Auctions Regression Study'') aka ``Discrimination in Capital Markets,
Broadcast/Wireless Spectrum Service Providers and Auction Outcomes.''
Whose Spectrum Is It Anyway? Historical Study of Market
Entry Barriers, Discrimination and Changes in Broadcast and Wireless
Licensing 1950 to Present (the ``Historical Study'').
[[Page 34673]]
When Being No. 1 Is Not Enough: the Impact of Advertising
Practices On Minority-Owned & Minority-Formatted Broadcast Stations
(the ``Advertising Study'')(Released January 1999).
The studies are available on the FCC's Web site at http://www.fcc.gov/opportunity/meb_study/
, except for the Advertising Study,
which is available on the FCC's Web site at http://www.fcc.gov/Bureaus/Mass_Media/Informal/ad-study/.
The studies are also available on the
Commission's Electronic Filing System (ECFS) under MB Docket No. 04-
228.
Comments must be filed on or before July 22, 2004; and reply
comments must be filed by August 6, 2004. Comments and reply comments
may be filed using the Commission's Electronic Filing System or by
filing paper copies (an original and four copies). See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121, (May 1,
1998). All comments should reference MB Docket No. 04-228.
Comments filed through the ECFS can be sent as an electronic file
via the Internet to http://www.fcc.gov/e-file/ecfs.html. Generally,
only one copy of an electronic submission must be filed. In completing
the transmittal screen, commenters should include their full name, U.S.
Postal Service mailing address, and the applicable docket or rulemaking
number. Parties may also submit an electronic comment by Internet e-
mail. To get filing instructions for e-mail comments, commenters should
send an e-mail to ecfs@fcc.gov, and should include the following words
in the body of the message, ``get form.'' A sample form and directions
will be sent in reply. Parties who choose to file by paper must file an
original and four copies of each filing. Filings can be sent by hand or
messenger delivery, by commercial overnight courier, or by first-class
or overnight U.S. Postal Service mail (although we continue to
experience delays in receiving U.S. Postal Service mail). The
Commission's contractor, Natek, Inc., will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building. Commercial overnight mail
(other than U.S. Postal Service Express Mail and Priority Mail) must be
sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal
Service first class mail, Express Mail, and Priority Mail should be
addressed to 445 12th Street, SW., Washington, DC 20554. All filings
must be addressed to the Commission's Secretary, Office of the
Secretary, Federal Communications Commission.
Parties also must serve either one copy of each filing via e-mail
or two paper copies to Best Copy and Printing, Inc., Portals II, 445
12th Street, SW., Room CY-B402, Washington, DC. 20554, telephone (800)
378-3160, or via e-mail to fcc@bcpiweb.com. In addition, parties should
serve one copy of each filing via email or three paper copies to Linda
Senecal, 445 12th Street, SW., 2-C438, Washington, DC 20554.
Availability of Documents. Comments, reply comments, and ex parte
submissions will be available for public inspection during regular
business hours in the FCC Reference Center, Federal Communications
Commission, 445 12th Street, SW., CY-A257, Washington, DC 20554.
Persons with disabilities who need assistance in the FCC Reference
Center may contact Bill Cline at (202) 418-0267 (voice), (202) 418-7365
(TTY), or bcline@fcc.gov. These documents also will be available from
the Commission's Electronic Comment Filing System. Documents are
available electronically in ASCII, Word 97, and Adobe Acrobat. Copies
of filings in this proceeding may be obtained from Best Copy and
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554, telephone (800) 378-3160, fax (202) 488-5563, via
e-mail at fcc@bcpiweb.com, or via its Web site at http://www.bcpiweb.com.
To request materials in accessible formats for people
with disabilities (Braille, large print, electronic files, audio
format), send an e-mail to fcc504@fcc.gov or call the Consumer and
Governmental Affairs Bureau at 202-418-0531 (voice), 202-418-7365
(TTY).
Federal Communications Commission.
W. Kenneth Ferree,
Chief, Media Bureau.
[FR Doc. 04-14122 Filed 6-21-04; 8:45 am]
BILLING CODE 6712-01-P